WEBSITE TERMS AND CONDITIONS AND DELIVERY & RETURNS POLICY

Introduction
These terms and conditions govern your use of this website. By using this website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least 18 years of age to use this website.  By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.

This website uses cookies.  By using this website and agreeing to these terms and conditions, you consent to Green-Fever use of cookies in accordance with the terms of Green-Fever’s privacy policy / cookies policy.

License to use website

Unless otherwise stated, Green-Fever and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or pictures from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

Restricted access

Access to certain areas of this website is restricted. Green-Fever reserves the right to restrict access to other areas of this website, or indeed this entire website, at Green-Fever’s discretion.

If Green-Fever provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Green-Fever may disable your user ID and password in Green-Fever sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Green-Fever or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

No warranties

This website is provided “as is” without any representations or warranties, express or implied.  Green-Fever makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Green-Fever does not warrant that:

l this website will be constantly available, or available at all; or

l the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of liability

Green-Fever will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

l to the extent that the website is provided free-of-charge, for any direct loss;

l for any indirect, special or consequential loss; or

l for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Green-Fever has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Green-Fever liability in respect of any:

l death or personal injury caused by Green-Fever’s negligence;

l fraud or fraudulent misrepresentation on the part of Green-Fever; or

l matters which it would be illegal or unlawful for Green-Fever to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, Green-Fever has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against Green-Fever’s officers, Resellers, Distributors or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Green-Fevers officers, Resellers, Distributors, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Green-Fever.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Green-Fever and undertake to keep Green-Fever indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Green-Fever to a third party in settlement of a claim or dispute on the advice of Green-Fever’s legal advisers) incurred or suffered by Green-Fever arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].

Breaches of these terms and conditions

Without prejudice to Green-Fever  other rights under these terms and conditions, if you breach these terms and conditions in any way, Green-Fever may take such action as Green-Fever deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Green-Fever may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

Assignment

Green-Fever may transfer, sub-contract or otherwise deal with Green-Fever’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and Green-Fever in relation to your use of this website and supersede all previous agreements in respect of your use of this website.

 

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with South African Governing Law, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of South Africa.

Registrations and authorisations

Green-Fever is registered as a PTY/LTD.  Green-Fever’s registration number is 2015/053637/07.

Green-Fever details

The full name of K2015053637 (South Afica) (Pty) Ltd.

Green-Fever is registered in South Africa under registration number 2015/053637/07

Green-Fever’s physical address is 11 Charles street, Mount Moreland, Kwazulu Natal, 4339

You can contact the General Manager by email – info@green-fever.co.za

Credit

This document was created using a Contractology template available at http://www.freenetlaw.com.

Delivery and Returns Policy

  1. Delivery Policy

    All our products are delivered door-to-door or at a nominal charge within South Africa subject that the delivery is not in a township or in an area that is not within the delivery areas covered by our courier company “Courier IT couriers” or “Fastway”.  If your delivery address is in a township or in an area outside the delivery areas covered by our courier company, delivery will be door-to-counter at a nominal charge.

Fees and Time Frames

During the check-out process, Green-Fever will determine your delivery options based on your delivery address and postal code. For door-to-door delivery in main centres, Green-Fever will endeavour to deliver within 2 – 4 working days. For orders outside of main centres, for door-to-door deliveries, Green-Fever will endeavour to deliver within 4 – 7 working days.

Green Fever fees and proposed delivery times are summarised below:

 

Area  Delivery Type Delivery Time          Delivery Fee 
 Main centres in SA  Door-to-door  2 – 4 working days R100-00
 Outlying areas in SA  Door-to-door  4 – 7 working days R100-00
 Townships or areas outside the delivery areas covered by our courier company  Door-to-Counter  4 – 7 working days R100-00

 

 

  1. Late Delivery

The Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”) entitles you to cancel your purchase within 7 days’ notice if the products you have purchased are not delivered within the agreed delivery period as specified in the Green-Fever’s terms and conditions. The product(s) in question must be returned to Green-Fever in their original state. Any such cancellation must be done via the Green-Fever office by either calling 031 568 1753 or emailing info@green-fever.co.za. Green-Fever will then refund you.

3. Stock shortages

Every effort will be made to ensure that Green-Fever can fulfil your entire order once sale comes into effect. However, when packing your order and Green-Fever is unable to fulfil certain product(s) in your order, then:

Green-Fever will notify you thereof by sending an email to you and will allocate a store credit to your Green-Fever account to the value paid for the product(s) that could not be sent to you. Should you wish to be refunded for the products that could not be sent to you please send an email to info@green-fever.co.za to inform our client service team that you wish to be refunded.  Your store credit will then be converted into a refund. Should you have paid by credit card, your requested refund will be credited to your credit card, or if you have paid via EFT, the refund will be paid into your bank account.

If Green-Fever does not notify you of the non-fulfilment of the order via email beforehand, and you only become aware of the fact that some of the product(s) are not included in your parcel, please contact Green-Fever as soon as possible on 031 568 1753 or email info@green-fever.co.za to notify Green-Fever thereof so that we can resolve the situation as soon as possible. When you contact Green-Fever via email regarding the  product(s) that are not in the parcel, please use your order number and the wording “Incomplete order” in the subject line of your email.

4. Exchanging product(s) (non-defective)

You can exchange the product(s) you ordered for a different product(s) within 30-days of your order being delivered to you, subject to the product(s) is/are in their original state (including original packaging) and the requested product(s) is available with Green-Fever. Should you wish to exchange a product/s, please contact the Green-Fever on 031 568 1753 or email info@green-fever.co.za and the wording  “Your order number – Request Exchange” in the subject line of your email).

Should Green-Fever not have stock of your requested exchange product(s), please follow the returns procedure for non-defective products(s) as detailed in Section 9 below.

Please note, Green-Fever reserves the right to not accept an exchange if the product you wish to exchange is not returned to Green-Fever in the exact sealed packaging it was received in and is in a resalable condition.

5. Returning non-defective product(s)

You are entitled to return any purchase concluded on Green-Fever website and delivered within South Africa free of charge within 30 days of the product(s) being delivered to you. You will however have to pay the cost associated with collecting the product/s returned from you. In order to obtain a refund of the product/s being returned, the product(s) being returned must be sent back to Green-Fever in accordance with the return procedure set out in section 9 below.

If you receive your products purchased and you are not satisfied with your choice of product(s) and wish to return it for a refund as mentioned above, please retain the product(s)’ in their unopened original packaging.

  1. Returning incorrect product(s)

Green-Fever will make all reasonable efforts to ensure the product information, availability, purchase price and associated delivery times and fees are accurately reflected on the website.

However, should Green-Fever deliver the incorrect product(s) to you in error, please do not remove the product/s from its original packaging and do not use the product at all. Please contact the Green-Fever on 031 568 1753 or send an email to info@green-fever.co.za and the wording: “Your order number – Incorrect Item” in the subject line of your email) as soon as possible to notify Green-Fever thereof. Green-Fever will resolve the error by arranging to collect the incorrect product(s) from you and to deliver the correct product(s) to you as soon as possible. Please do not try to place another order for the exact same product you were trying to purchase in order to try to remedy the situation.

  1. Returning defective product(s)

General warranty:

Within 30 days of delivery of a product to you, you find that the product is:

  • faulty; and/ or
  • not commercially acceptable; and/ or
  • not legal; and/ or
  • reasonably durable (based on the circumstances and product type) (“defective”); and/ or

    ·       unsuitable for the purpose generally intended (or otherwise expressly indicated by Green-fever at time of purchase);

Please contact the Green-Fever on 031 568 1753 or send an email to info@green-fever.co.za and use the wording” your order number – defective item” in the subject line of the email) to notify Green-Fever thereof. Green-Fever will request pictures of the defective product and will arrange to collect the defective product(s) from you so that it can be inspected by Green-Fever. If the product is found to be defective, you are entitled to either –

(a)        be fully refunded, or

(b)       have the product  replaced at Green-Fever’s expense .

If the product is found NOT to be defective and is commercially acceptable, you will NOT be entitled to replacement or refund but will instead be liable for the costs incurred in having such product(s) returned to Green-Fever, and then re-delivered to you.

A product is NOT defective and you will NOT be entitled to replacement or refund under the general warranty above if:

damage arising from incorrect usage of the product; and/or

The fault/damage is as a result normal wear and tear; and/or

the item has a reasonable amount of manufacturing or production imperfections, but is acceptable in accordance with the generally accepted commercial practices.

Third Party Supplier’s warranty:

Certain products may come with a third-party supplier’s guarantee. If so, this will be stated under the product listing on the website. Clear details of these guarantees are given in their listings and no consumer may ask to be covered by a guarantee, covering a wider-rang other than the one shown on such product listing.

8. Exclusions

Unless defective, the following product types may not under any circumstances be returned to Green-Fever:

Products that you or any other person has altered, or added to where such alteration, incorporation or addition has not been authorised by Green-Fever.

9. Return procedure to be followed

As outlined in Section 8 above, please do not return any excluded items to Green-Fever:

In the event of Green-Fever having sent you an incorrect product, please follow the procedure as detailed in Section 6 above.

Should you wish to return an item that is defective or faulty, please follow the procedure as outlined in Section 7 above.

Should you wish to return a non-defective product within 30-days of the date that is was delivered, please retain the product’s original packaging. Follow the return steps as outlined below:

  1. Processing of credits and refunds

Should you be entitled to a refund for any reason, such refund shall either be effected on the credit card used to purchase the product, or be deposited into the bank account used in the Electronic Funds Transfer, within 10 business days of the returned item having been cleared by Green-Fever.

Where your Green-Fever account has been credited, you will be entitled to use such credit towards other purchases made by you on the website.

If you bought a product/s that was/were on sale and want to return the item, the sale or reduced price will be paid back to you and not the full price.

If you want to return an item that you paid the full amount for but is on sale when you return it, we will pay the full amount and not the sale amount.

11. Fraud Prevention

In the interest of fraud protection, Green-Fever reserves the right to refuse processing any payment for any order, and/or to cancel any purchase partially or completely, with notice given to you. Green-Fever will be responsible for returning funds for the cancelled portion of the order to you only if you have already paid such funds.